This property served as a Washington State Department of Transportation maintenance facility, with underground storage tanks for gasoline, diesel, and heating oil supplying vehicle operations and a service bay. Three USTs were removed in 1990, and approximately 315 cubic yards of petroleum-contaminated soil were excavated over multiple rounds between 1990 and 1998, with impacted material transported off-site for landfarming and a building demolished to facilitate access. The 22-year cleanup effort concluded with a No Further Action determination in 2012. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
Petroleum and pesticide contamination at this facility originated from fueling infrastructure and maintenance operations that were in place well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. More than two decades of documented remediation expenditures — tank removals, multiple soil excavations, off-site treatment, and building demolition — were incurred to address releases tied to those long-running pre-1986 operations. Historical carriers who provided CGL coverage during the period those tanks were in service may still be obligated to recover those cleanup costs.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.